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Not in the Same Boat Prevalence & Patterns of Labour Abuse Across Thailand’S Diverse Fishing Industry

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Not in the Same Boat Prevalence & Patterns of Labour Abuse Across Thailand’S Diverse Fishing Industry Focus on Labour Issues in the Fishing Industry NOT IN THE SAME BOAT PREVALENCE & PATTERNS OF LABOUR ABUSE ACROSS THAILAND’S DIVERSE FISHING INDUSTRY JANUARY 2017 Prepared by Issara Institute & International Justice Mission © Issara Institute and International Justice Mission, 2017 All rights reserved. Issara Institute [email protected] www.issarainstitute.org International Justice Mission [email protected] www.ijm.org Printed in Thailand. For reprints, please contact Issara Institute. All photo credits: Issara Institute. The Burmese fishermen shown in the photos in this report have all provided informed consent to their photos being used for this report. The men are from a community in which Issara has worked for over two years; they volunteered to ’model’ some of the abuses that fishermen face, to be used by Issara Institute in awareness and reporting materials that aim to benefit fishermen. ACKNOWLEDGEMENTS These insights into the lives of Burmese and Cambodian fishermen would not have been possible without the valuable contributions of the following: Issara Institute’s Burmese field researchers and staff Brendan Zarni Htun, Andrew Ye Min Thu, Sai Seng Sai, Jonas Kan Zar Htet, Ohnmar Ei Ei Chaw, and Sanlatt Phyu; Issara Institute’s Cambodian field researchers and staff Chea Sophal and Sengky Chheun; and, Issara Institute’s Field Operations Manager Malayvanh Khamhoung. Issara’s field team was supported by Institute analysts and writers Dr Lisa Rende Taylor, Charlotte Tate, and Emma van Dam, and technical consultants Dr Amanda Flaim (Michigan State University), Josh Stride, and Dr Scott Sanders (Brigham Young University). The overall research program, methodology, ethics, field team training, and report structure was designed and overseen by Dr Lisa Rende Taylor. Statistical modeling was led by Dr Amanda Flaim, who also contributed extensively to research design, sampling frame, and methodology. Dr Scott Sanders led the interpretation of Landry and Shen (2005) for the sampling frame, and supported statistical analysis. Josh Stride provided extensive expertise in fisheries supply chains. Additional technical support was provided by consultant Dr David Feingold (Ophidian Research Institute), and Dr Katrina Baum Stone, Rachael Jackson, and Andee Cooper Parks from International Justice Mission (IJM). Security assessments, training on field security, and support to mapping the study site locations was provided by John Roberts (IJM) with support from Andrew Wasuwongse. Funding for this research was provided by Walmart Foundation to IJM, who commissioned the research to Issara Institute. TABLE OF CONTENTS Executive Summary 1 Methodology 3 Profile of the Current & Former Fishermen in the Sample 5 Analysis 1. Examining the Modes of Control and Exploitation of Fishermen 6 The starting point: Labour shortages exacerbate exploitative recruitment & debt 7 bondage in the Thai fishing industry Restricted freedom of movement 8 Forced, excessive working hours and illegally low wages 11 Physical and psychological abuse 12 Concluding thoughts 13 Analysis 2. Quantitative Models of Prevalence and Risk Factors for Trafficking & Labour 14 Exploitation on Thai Fishing Vessels Overview 15 Calculation of the human trafficking outcome variable 16 Key findings from the calculation of prevalence of human trafficking 17 Key findings: Predictive analytics examining risk factors for being trafficked onto a 20 Thai fishing vessel Concluding thoughts 22 Analysis 3. Comparative Analysis of Labour Risk on Trawlers versus Purse Seine Vessels 23 in the Thai Commercial Fishing Fleet Overview 24 Key findings regarding labour risk by vessel type 27 Analysis: Key factors that may lead to abuse on Thai fishing vessels 30 Concluding thoughts 31 Recommendations 32 International response 33 Law enforcement and regulatory response 33 On the ground response 34 Endnotes 36 EXECUTIVE SUMMARY Thailand, as the world’s third-largest seafood operations and gear creates variation in working exporter, exported 1.7 million tons of seafood conditions, treatment, and other key aspects of globally in 2014, valued at over US $6.7 billion. A work. total of 42,512 active Thai fishing vessels were Key findings of the three analyses include: recorded in 2014, catching 1.34 million tons of seafood and employing 172,430 fishermen, 82% of Illegal overwork and underpay seem to be whom were migrant workers1. It is recognized that the norm, with 74.2% of respondents a significant but unknown proportion of the Thai reporting working at least 16 hours per day, fishing fleet has been comprised of unregistered and only 11% of the sample receiving more fishing vessels, which may not be fully captured in than 9,000 Baht per month, the legal monthly government statistics. minimum wage in Thailand. 96.1% reported having to work overtime regularly, but only Investigative journalists and advocacy-oriented 3.8% reported ever receiving overtime pay; NGOs have conveyed a picture of work on Thai fishing vessels as being fraught with daily violence, The reported average pay received monthly, extreme working conditions, debt bondage, and inclusive of all overtime and deductions, was threats to life2. However, the data collected by 5,957 Baht/month (US $166.80). these efforts has not allowed for a clear measure 18.1% of fishermen interviewed reported of magnitude and severity of the labour conditions experiencing physical violence while working across the entire Thai fishing fleet. In order to gain on the fishing vessels; this abuse was three a more nuanced and objective understanding of times more likely to occur on boats that the patterns of labour recruitment and transshipped catch at sea; further, 100% of management on Thai fishing vessels, Issara fishermen on boats that transshipped crew Institute designed and implemented a suffered physical abuse; representative survey of trafficking and exploitation on Thai fishing vessels, as a part of its 76% of fishermen interviewed had been in larger body of work in this industry, with support debt bondage; from International Justice Mission and Walmart Foundation. An Issara Institute field research team 37.9% of fishermen interviewed were clearly conducted structured surveys with 260 Burmese trafficked, while an additional 49.2% were and Cambodian fishermen across 20 key Thai possibly trafficked; 12.9% of the sample fishing localities in 2016 — Nakhon Si Thammarat, reported fair labour conditions at sea and Pattani, Ranong, Samut Sakhon, and Songkhla — experiencing no exploitative recruitment; collecting information on 434 fishing jobs they had Burmese and Cambodian fishermen on vessels held in the past five years. 248 of these 260 that also had Thai general (non-supervisory) interviews were eligible for further analysis of the crew were over 70 times more likely to be prevalence of trafficking into the Thai fishing exploited and abused than Burmese and industry in the past five years (fishing between Cambodian fishermen on boats without Thai March 2011 and March 2016). crew; and, After presenting the research methodology and Trafficking cases were 11 times more likely to profile of the fishermen in the sample, this paper be found on trawlers, as compared with purse presents three key analyses: the first explores the seine and other vessel types, and pair trawlers means of control and exploitation of Burmese and had nearly double the number of physical Cambodian fishermen on Thai fishing vessels, abuse cases (29.4%) as single trawlers (16.9%). providing a nuanced picture of the nature of exploitation at sea. The second analysis applies In line with the United Nations Guiding Principles on Business and Human Rights (also known as the rigorous statistical modeling methods to estimate 3 the prevalence of human trafficking in the Thai Ruggie Principles) , global brands, retailers and fishing industry, as well as key risk factors. The importers, Thai-based businesses, government, third analysis explores differences in risky labour and civil society all have constructive roles to play practices across different types of commercial to address and improve the working environment fishing vessels in the Thai fishing industry, in recognition of how the diversity of fishing 1 in the Thai fishing industry. Fundamentally, there regulatory responses, and on-the-ground is a need to drive behavior change among vessel responses—with clear, constructive roles that can owners, boat captains, and net supervisors, as well be played by civil society, governments (source and as among government duty bearers. Identifying destination), local business (suppliers and incentives and disincentives to bring about desired recruitment agencies), and global business. It is changes is critical to achieving industry-wide hoped that this study, and the voices and change—specifically, legal and fair business experiences of the 260 men contributing to this operations, monitored improvements verified by study, can make a meaningful contribution to workers, and enforcement of laws—all leading to efforts to drive improvements in the Thai seafood the elimination of labour exploitation. Three industry, informing policy, programming, and categories of recommendations are provided— responsible sourcing. international responses, law enforcement and The voices and experiences of hundreds of current and former fishermen contributed to this analysis—not only through structured individual interviews, but also through ad hoc small group discussions and spontaneous community gatherings made possible
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